Back / lumbar spine decisions — 2003

The Board granted service connection for spinal spondylosis of the lumbar spine effective from September 13, 1999, based on new and material evidence submitted by the veteran.

The Board found that new and material evidence had been submitted to reopen the previously denied claim for service connection for a low back disorder. The veteran's injury in service is established, and there is medical evidence linking his current condition to his service. Therefore, service connection was granted.

The veteran's claim for an evaluation in excess of 40 percent for a postoperative lumbar disc disorder was denied, as the RO reestablished his preexisting evaluation at 20 percent effective from October 1, 2000.

The veteran's claims for service connection are being remanded due to incomplete service records and the need to obtain additional medical records. The case will be returned to the Board after these steps have been taken.

The Board denied the veteran's claims of service connection for a low back disorder and for a bilateral knee disorder, finding insufficient evidence to support these claims.

The Board of Veterans' Appeals has granted an evaluation of 20 percent for the veteran's service-connected degenerative joint disease of the lumbosacral spine with chronic low back pain, effective from September 9, 1988. The veteran appealed a decision denying an evaluation in excess of 20 percent.

The Board has determined that the veteran does not have service connection for peripheral neuropathy, low back disability, or right shoulder disability. The initial rating for postoperative residuals of umbilical herniorrhaphy is denied as there are no residual disabilities other than a well-healed scar.

The Board has granted service connection for osteoarthritis of the left knee, osteoarthritis of the left elbow, and degenerative disc disease of the lumbar spine with left leg radiculopathy.

The Board has determined that the veteran does not have a present hearing loss, psychiatric disorder, or chronic low back disability related to service. The appeal is denied.

The Board has determined that the veteran's service-connected disabilities render him in need of regular aid and attendance, warranting an increase in SMC to a higher level.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The veteran's bilateral hearing loss is rated at 30 percent, his generalized anxiety disorder at 50 percent, and his lumbar strain at 40 percent prior to July 15, 2002. The Board granted these ratings as they meet the schedular criteria.

The Board has ordered further development due to pending issues and evidence. The case is now returned to the RO for additional development.

The Board has granted a 60 percent rating for the veteran's service-connected low back injury residuals and has also granted TDIU based on his unemployability due to this disability.

The veteran's claim for an increased rating for his service-connected residuals of shell fragment wounds is being remanded due to the need for additional development, including obtaining updated treatment records and arranging for joint and spine examinations.

The Board found that the veteran did not present new and material evidence to reopen his claim for service connection for a back disorder. The RO's prior decisions denying service connection for a back disorder are final, and the claim has not been reopened.

The Board has determined that the veteran's current low back disorder with left leg radicular pain was incurred during active service.

The veteran's claim for a higher rating for his low back disability was remanded due to the need for additional development and evidence.

The Board denied the veteran's claim of service connection for a low back disability, finding that the evidence did not support the claim based on direct service connection.

The Board has granted an increased rating to the veteran's lumbosacral strain from 10 percent to 20 percent, effective as of April 2003.